Case Summary
| Case ID | 23F-H048-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-05-19 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | total_loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Thomas P. Hommrich | Counsel | — |
|---|---|---|---|
| Respondent | The Lakewood Community Association | Counsel | Quinten Cupps, Esq. |
Alleged Violations
Article lV, Section 4.2(t) of the CC&R's
Outcome Summary
Order Granting Respondent’s Motion to Dismiss the Petition on jurisdictional grounds.
Why this result: The Administrative Law Judge ruled that the Office of Administrative Hearings (OAH) lacked jurisdiction to hear the case because the petition challenged the Association’s power to act (A.R.S. § 10-3304), which requires injunctive relief in a court of law, and did not concern a violation of community documents or statute (A.R.S. § 32-2199.01(A)).
Key Issues & Findings
Authority to enforce parking rule on residential public streets
Petitioner sought an order prohibiting the Respondent from restricting parking access on public residential streets, alleging the Association breached the CC&Rs by misapplying Article IV, Section 4.2(t).
Orders: The petition was dismissed because OAH lacked jurisdiction as the case challenged the Association's power to act under A.R.S. § 10-3304, rather than alleging a violation of community documents or statute under A.R.S. § 32-2199.01(A).
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 32-2199.01(A)
- A.R.S. § 10-3304
- A.R.S. § 10-3304(B)(2)
Analytics Highlights
- A.R.S. § 32-2199.01(A)
- A.R.S. § 10-3304
- A.R.S. § 10-3304(B)(2)
- A.R.S. § 32-2199.02(B)
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092.09